Anastasio Hernandez-Rojas Death: Border Patrol Tasing Incident Complicated By New Footage (VIDEO)

The death of Anastasio Hernandez-Rojas, which garnered national media attention in 2010, has re-entered the limelight after PBS unearthed new footage of the incident between the Mexican citizen and border patrol agents.

In June of 2010, Hernandez-Rojas was struck with a baton by one border patrol officer and tased with a stun gun with another, after resisting deportation on the U.S.-Mexico border. He died shortly after the incident.

Customs and Border Protection (CBP) insisted that Hernandez-Rojas' behavior necessitated the use of a baton and stun gun. CBP reports maintained that he “became combative” and the baton and stun gun were used to “subdue the individual and maintain officer safety.”

But new footage has prompted some to ask if the federal agents used excessive force.

The video, shot by Seattle resident Ashley Young as she was crossing a bridge from Mexico to the United States, shows a crowd of about 20 border patrol agents standing around Hernandez-Rojas. He does not appear to be moving, and Young says in the "Need to Know" report that he was handcuffed. She said she did not witness any evidence of Hernandez-Rojas lashing out on the agents, but they are clearly heard yelling in the video for him to stop resisting. He was then tased five times while calling for help in Spanish.

A small crowd gathered on the bridge and some yelled for the agents to stop. But Young says officers came along to tell the onlookers to keep walking. One officer demanded that two witnesses hand over their cell phones or delete the video they had taken, she says, but she kept walking.

Young said she "felt like she watched someone be 'murdered.'"

Eight individuals were killed along the border under disputed circumstances in just the past two years, according to PBS' investigative report about Hernandez-Rojas' death.

Two new eyewitnesses told PBS that Hernandez-Rojas "offered little or no resistance," and the San Diego coroner’s office categorized the death as a homicide.

John Carlos Frey, an activist and documentarian who tracked down the witnesses, says in the report that he agrees with those who point out that Hernandez-Rojas was committing a crime by reentering the country.

"It is a violation of immigration law, that is true," Frey says in the report. "It does not warrant a lethal bullet between your eyes or in your back."

The full investigative report will appear on PBS the evening of April 20.

Related on HuffPost:

GET TO KNOW THE HARSHEST IMMIGRATION LAWS IN THE U.S.:

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• The Template: California Proposition 187 (1994)

  California's Proposition 187 was submitted to the voters with the full support of then Republican governor Pete Wilson. It essentially blamed undocumented immigrants for the poor performance of the state economy in the early 1990s. The law called for cutting off benefits to undocumented immigrants: prohibiting their access to health care, public education, and other social services in California. It also required state authorities to report anyone who they suspected was undocumented. <strong>Status:</strong> The law passed with the support of 55 percent of the voters in 1994 but declared unconstitutional 1997. The law was killed in 1999 when a new governor, Democrat Gray Davis, refused to appeal a judicial decision that struck down most of the law. Even though short-lived, the legislation paved the way for harsher immigration laws to come. On the other hand, the strong reaction from the Hispanic community and immigration advocates propelled a drive for naturalization of legal residents and created as many as one million new voters.

• The Worst: Arizona SB 1070

  The Arizona Act made it a misdemeanor for an undocumented immigrant to be within the state lines of Arizona without legal documents allowing their presence in the U.S. The law was widely criticized as xenophobic and for encouraging racial profiling. It required state authorities to inquire about an individual's immigration status during an arrest when there was "reasonable suspicion" that the individual was undocumented. The law would allow police to detain anyone who they believed was in the country illegally. <strong>Status:</strong> The law was signed into law by Arizona Governor Jan Brewer on April 23, 2010, immediately generating a swirl of controversy and questions about its constitutionality. In July 2010 and February 2012, federal judges blocked different provisions of SB 1070, setting the stage for the <a href="http://www.huffingtonpost.com/2012/06/25/sb1070-ruling-supreme-court_n_1614119.html" target="_hplink">the Supreme Court decision of June 25, 2012</a> which struck down multiple provisions but upheld the controversial "papers please" provision, a centerpiece of the law which critics say will lead to racial profiling

• Following Arizona's Footsteps: Georgia HB 87

  The controversy over Arizona's immigration law was followed by heated debate over Georgia's own law. HB 87 required government agencies and private companies to check the immigration status of applicants. This law also limited some government benefits to people who could prove their legal status. <strong>Status:</strong> Although a federal judge temporarily blocked parts of the law considered too extreme, it went into effect on July 1st. 2011. House: 113-56 Senate: 39-17

• Verifying Authorized Workers: Pennsylvania HB 1502

  This bill, which was approved in 2010, bans contractors and subcontractors employ undocumented workers from having state construction contracts. The bill also protects employees who report construction sites that hire illegal workers. To ensure that contractors hire legal workers, the law requires employers to use the identification verification system E-verify, based on a compilation of legally issued Social Security numbers. <strong>Status:</strong> Approved on June 8th 2010. House: 188-6 (07/08/2010) <a href="http://www.flickr.com/photos/donkeyhotey/" target="_hplink">Flickr photo by DonkeyHotey</a>

• A Spin Off of Arizona: Utah HB 497

  Many states tried to emulate Arizona's SB 1070 law. However, most state legislatures voted against the proposals. Utah's legislature managed to approve an immigration law based on a different argument. Taking into consideration the criticism of racial profiling in Arizona, Utah required ID cards for "guest workers" and their families. In order to get such a card workers must pay a fee and have clean records. The fees go up to $2,500 for immigrants who entered the country illegally and $1,000 for immigrants who entered the country legally but were not complying with federal immigration law, <a href="http://articles.latimes.com/2011/mar/06/nation/la-na-illegal-immigration-20110306" target="_hplink">according to the LA Times.</a> <strong>Status: </strong> Law went into effect on 03/15/2011 House: 59-15 (03/04/2011) Senate: 22-5 (03/04/2011)

• The Most Comprehensive: Florida HB-1C

  Florida's immigration law prohibits any restrictions on the enforcement of federal immigration law. It makes it unlawful for undocumented immigrants within the state to apply for work or work as an independent contractor. It forbids employers from hiring immigrants if they are aware of their illegal status and requires work applicants to go through the E-verify system in order to check their Social Security number. <strong>Status: </strong>effective since October 1st, 2010

• The Hot Seat: Alabama HB 56

  The new immigration law in Alabama is considered the toughest in the land, even harder than Arizona's SB 1070. It prohibits law enforcement officers from releasing an arrested person before his or her immigration status is determined. It does not allow undocumented immigrants to receive any state benefit, and prohibits them from enrolling in public colleges, applying for work or soliciting work in a public space. The law also prohibits landlords from renting property to undocumented immigrants, and employers from hiring them. It requires residents to prove they are citizens before they become eligible to vote. The law asked every school in the state to submit an annual report with the number of presumed undocumented students, but this part, along with others, were suspended by federal courts. <strong>Status:</strong> Approved June 2nd, 2011 House: 73-28 (04/05/2011) Senate: 23-11 (05/05/2011) <a href="http://www.flickr.com/photos/longislandwins/" target="_hplink">Flickr photo by longislandwins</a>

Comments

[dim]

04:44 PM on 05/11/2012

It's a real mistake for a law enforcement organization to allow torture and murder by its own go unpunished. This removes all incentive for the targets to submit - a valuable policing tool.

If in your town, police routinely kill half a dozen people per year during traffic stops and each time the department says the driver became combative and don't do anything to punish the officer, pretty soon routine traffic stops will become high speed chases and shoot-outs. Not good for the officers, not good for anybody.

[Anamaldonado777]

09:07 PM on 04/26/2012

Is there going to be a protest in Diego If so I want to go.

[arachnenetworker]

08:39 PM on 04/24/2012

The real sad crime is all the good jobs that have been sent to other countries--illegal laborers from Mexico aren't the problem that Rush and Co have instructed their worshipers to cry about. The people offshoring the American middle class are getting healthy tax breaks for their crimes, not tazers.

[Karen1]

04:44 PM on 04/23/2012

The Justice Department needs to investigate this.

[Matthew Kolken]

01:18 PM on 07/27/2012

They already did, and closed the case.

[dhinds]

01:22 PM on 04/22/2012

Life became cheaper in the USA after G.W. Bush tricked Congress into approving the invasion and occupation of Iraq in order to gain access to their oil reserves. Those who object to the presence of the US Military in their country are labeled Terrorists. Here they are labeled Illegal Aliens.

Most of Mexico now belongs to the USA, as a result of the US invasion of 1846. This includes all the border states and a lot more.

http://en.wikipedia.org/wiki/Treaty_of_Guadalupe_Hidalgo

NAFTA flooded Mexico's markets with highly subsidized US goods. And the demand for Mexico's farm workers continue to exist. (Crops rot in the field, without them).

The sum of this combination of factors signifies that the flow will not stop, regardless of the money spent on border control and the increase of senseless brutality towards migrant workers some of you here condone.

Mexico's legislature recently passed a Bill that specifically states: The presence of undocumented foreign nationals within Mexico can not and should not be considered a crime.
They can be captured and deported, but their having entered the country illegally is not considered a criminal act.

Many of you here refuse to respect the rights all those present in the USA enjoy according to the Bill of Rights, which refers to PEOPLE, rather than Citizens.

You make me glad I left.

[bastalready]

06:39 PM on 04/22/2012

When you have 25min.or so,you can see the full documentary on-line. I just watched it again and ,of course, it is all there...the lies, the torture, the murder and the eye witnesses.If you check out Need to Know on PBS, you will find it.
I understand why you left.I am just sorry that good people like you do.

[andreabeth7]

06:48 PM on 04/22/2012

No doubt there are many here who are equally glad that you left.

[PlayTOE]

11:59 AM on 04/22/2012

Murder by police officers and border guards is an altogether too common occurrence, and it is a crime that often goes unpunished.
This is the path to a police state.

[4114U]

11:20 AM on 04/22/2012

When is law enforcement going to learn that tazing carries consequences. The American Jackboots and the lobbyists that run the country cover it up.

[mugwhump]

10:58 AM on 04/22/2012

Outlaw tasers. Batons work very well and uses no batteries. It is a green alternative.

[andreabeth7]

06:59 PM on 04/22/2012

I agree. Get rid of tasers.

[mugwhump]

05:42 PM on 04/23/2012

They don't seem to know when to use them or when to stop using them once they have started.

[mugwhump]

10:55 AM on 04/22/2012

They would have done the same thing to you or I.

[carwoolaman]

08:18 AM on 04/22/2012

I guess it is highly combative to lie on the ground screaming for help.

From what I see that is 1 murder and 10 or more accomplice to murder charges. But then again I guess that video that shows that is may not be evidence enough for a prosecutor. I know I would have to excuse myself from the jury based on pre judgement. You guys are guilty! I hope you can live with yourselves.

[pinetarred]

06:16 AM on 04/22/2012

Their attempt to protect America is being derailed by Fools! These "stories" seem to demonize our agents while the play the fiddle for the illegal INVADERS!

[Wise-guy]

08:50 AM on 04/22/2012

Dear pinetarred, I mean it in friendliest way... It is not demonizing the agents, but it abuse of power. It could be anyone...and if it was someone we love, we would not have the same words. Follow the rules and thats it.

[Bob Pante]

11:06 PM on 04/22/2012

Simple solution, get permission before you come here.

[OOOOOMY]

05:19 AM on 04/22/2012

Should have typed:
What about that Arizona rancher Rob Krentz and his dog who were shot dead on his own land aganist a number of unknown people crossing his own land after notifying Border Patrol?

[Wise-guy]

08:52 AM on 04/22/2012

Does that justify killing another person in return? When would this thing end?

[dhinds]

09:03 AM on 04/22/2012

Not relevant to this case.

[OOOOOMY]

11:18 AM on 04/22/2012

Not relevent to this case dhinds?
Then guess you do not believe in these words either:

'Injustice anywhere is a threat to justiceeverywhere'...MLK 1963

[OOOOOMY]

05:13 AM on 04/22/2012

The tragedy Continues.
The death of Anastasio Hernandez-Rojas, which garnered national media attention in 2010, has re-entered the limelight.

Here we have an article such as this, but 'hardly anything' in the main street media after many months and after a year of stonewalling and many subpoenas with the Investigation 'Operation of Fast and Furious' Scandal, that appears to go all the way to the White house itself. hardly a whimper.

What about that rancher Rob Krentz and his dog who was shot dead on his own land in Arizona trying after notifying border patrol?
What about Border Patrol Agent Brian Terry shot dead also in 2010 as a result of government cover-up 'Operation Fast and Furious'?
After so many years ....'and administrations'...our borders are still not secure, simply because our own Federal Government refusal to enforce our own Federal Immigration Law yet creates Lawsuits towards any state that tries to protect its own borders using that same Federal Law? This president, continues to not address the issue.

[Razpooten]

02:00 AM on 04/22/2012

Law enforcement at any level that uses lethal force that is not called for should be dealt with severely. There is no justification for it. Xnophpbia and racism is no excuse.

[Razpooten]

06:27 PM on 04/22/2012

Your reply was removed, @dhinds. I didn't see anything offensive. I agree, it is becoming as American as apple pie.

[GinaNsocal]

01:17 AM on 04/22/2012

I am for securing our borders and always have been, but this man was outnumbered . Not sure why " 12" agents couldn't subdue one person who did not sound combative, despite what they said.

[dhinds]

08:55 AM on 04/22/2012

Rojas worked for 27 years in San Diego's construction industry but never legalized his immigration status. As a result, he was deported and then caught attempting to return to San Diego, where his family was waiting. The Border Patrol agents that killed him were the same ones he had filed a complaint about for using excessive force when he was deported. They took him to a dark place where he could be permanently silenced with (they thought) no witnesses.

http://www.pbs.org/wnet/need-to-know/video/need-to-know-april-20-2012-crossing-the-line/13640/

[kolrpro1]

01:27 PM on 04/22/2012

And you know all these facts because you were there and you were an eye witness, right?Unless you really know all the facts then you really don't know what you're talking about, except for expressing an opinion. And an opinion is like an assh***, everyone has one. Maybe he should have become a U.S citizen in the first place and this would not have happened at all.

[andreabeth7]

03:40 PM on 04/22/2012

"They took him to a dark place where he could be permanently silenced with (they thought) no witnesses"

The supposed 'dark place' was in full view of a pedestrian bridge. Numerous people observed the BP and were shouting at them. If 'silencing' the illegal alien had been their intent, why on earth would they choose an area filled with people going back and forth across the border?